Opinion
Motion No: M-1416
05-28-2019
The People of the State of New York, Respondent, v. Joshua Brignoni, Defendant-Appellant.
Defendant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about December 12, 2018, for leave to prosecute the appeal as a poor person, on the original record and upon a reproduced appellant's brief, and for related relief,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted only to the extent of deeming the notice of appeal as timely filed. The motion, to the extent that it seeks poor person relief, is denied, with leave to renew, upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, his indigency, including the amount and sources of funds utilized to pay trial counsel's fee, and to post bail in the Supreme Court, the disposition thereof, and an explanation as to why similar funds are not available to prosecute this appeal. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.)
ENTERED: May 28, 2019
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Peter Tom Barbara R. Kapnick Peter H. Moulton, Justices
M-1416
Ind. No. 1735/18